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(영문) 수원지방법원 2016.08.10 2016노1381
도로교통법위반(음주측정거부)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year and two years of imprisonment, three years of suspended sentence, two years of protection observation, community service order 120 hours, 40 hours of lecture order for compliance driving, 40 hours of lecture order for sexual assault treatment, 40 hours of lecture order for compliance driving, and 40 hours of lecture for sexual assault treatment) is too uneasible and unreasonable.

2. Examining the sentencing conditions as indicated in the records and changes in the judgment of the court below on the basis of comparison with the sentencing conditions in this case and the reasons for sentencing in the judgment of the court below, considering all the circumstances asserted by the prosecutor on the grounds of appeal, the court below’s sentence cannot be deemed as being too unjustifiable, and thus

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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